Maddox v. Yates, et al.

Filing 14

ORDER DENYING 13 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 9/17/2013. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID MADDOX, 12 1:13-cv-00171-BAM (PC) Plaintiff, ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL 13 vs. 14 JAMES A. YATES, et al., 15 Defendants. 16 ________________________________/ (ECF No. 13) 17 On September 13, 2013, plaintiff filed a motion seeking the appointment of counsel. 18 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 19 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to 20 represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court 21 for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in 22 certain exceptional circumstances the court may request the voluntary assistance of counsel 23 pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether 26 “exceptional circumstances exist, the district court must evaluate both the likelihood of success 27 of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 28 complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted). -1- 1 Plaintiff asserts that he requires counsel because he is a participant in mental health 2 services and he needed counsel to help him understand the forms and papers in an appeal to the 3 Ninth Circuit. The court does not find the required exceptional circumstances in this case. Even 4 if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations 5 which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with 6 similar cases almost daily. Plaintiff’s receipt of mental health services and the appointment of 7 counsel in an appellate matter also do not establish exceptional circumstances in this action. At 8 this early stage in the proceedings, the court cannot make a determination that plaintiff is likely 9 to succeed on the merits, and based on a review of the record in this case, the court does not find 10 that plaintiff is cannot adequately articulate his claims. Id. 11 For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY 12 DENIED without prejudice. 13 IT IS SO ORDERED. 14 Dated: 10c20k September 17, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?